On February 03, 2020 a
Answer
was filed
in the District Court of Grady County.
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IN THE DISTRICT COURT OF GRADY COUNTY
STATE OF OKLAHOMA
TARREL COOPER, ANDREA DAWN
COOPER, and JUDY COOPER,
Plaintiffs, FILED IN DISTRICT COURT
Grady County, Oklahoma
Case No. CJ-2020-38
VS.
MAR 1 6 2020
Safe
LISARIANN, , Court Clerk
JOHNSON CONCRETE By Deputy
CONSTRUCTION, INC., d/b/a,
JCC DOZER,
Defendants.
DEFENDANTS’ ANSWER TO PLAINTIFFS’ PETITION
INC., d/b/a, JCC
COMES NOW Defendant JOHNSON CONCRETE CONSTRUCTION,
fs’ Petition (“Petition”), alleges
DOZER (referred to herein as “Defendant”) and in answer to Plaintif
and states as follows, to-wit:
GENERAL DENIAL
Petition not specifically
Defendant denies each and every allegation contained in Plaintiffs’
admitted herein.
ANSWER TO PLAINTIFF’S SPECIFIC ALLEGATIONS
of paragraph
1 Defendant lacks sufficient knowledge to admit or deny the allegations
one of the Petition and therefore denies the same.
2 Defendant denies the allegations of paragraph two of the Petition.
3 Defendant denies the allegations of paragraph three of the Petition.
tions of paragraph
4 Defendant lacks sufficient knowledge to admit or deny the allega
four of the Petition and therefore denies the same.
Petition.
5 Defendant denies the allegations of paragraph five of the
~~
6 No response is necessary for the request for relief in the concluding paragraph of the
Petition. To the extent that a response is necessary, Defendant denies the allegations of the request
for relief in the concluding paragraph of the Petition.
AFFIRMATIVE DEFENSES
Lack of capacity to be sued;
Estoppel;
Laches;
Waiver;
Failure to state a claim upon which relief can be granted;
Failure to join a necessary party;
Improper party defendant;
Insufficient service of process;
Mistake;
10 Comparative fault of Plaintiff and Third Parties;
11 Failure to mitigate damages;
12 Lack of standing;
13 Easement;
14. Necessity;
15 Consent;
16. Abatement of Nuisance;
17 Alleged trespass was casual and involuntary;
18 Alleged trespass was not intentional or a result of gross negligence;
19 Alleged trespasser believed that timber or land belonged to him or his principal;
-
20. Any other matter constituting an avoidance or affirmative defense;
21. As Discovery is just beginning in this matter the Defendant reserves the right to amend its
answer and raise additional defenses as Discovery continues.
WHEREFORE, the Defendant pray that judgment be entered against Plaintiff, that this cause
further
be dismissed, and that this Court award Defendant with costs and attorneys’ fees, and any
relief to which Defendant is entitled under law or equity.
Respectfully submitted,
D. 8 Rae
D. TYLERPERRYMAN, OBA #31185
PERRYMAN & PERRYMAN, LLP
118 North Fourth Street
Chickasha, OK 73018
(405) 224-4000
tyler@perrymanlegal.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
above and foregoing
Ihereby certify that on the date of filing a true and correct copy of the
instrument was mailed or hand-delivered to:
Patrick H. Lane
Jordan M. LePage
Ball, Morse, Lowe
531 Couch Drive, Suite 201
Oklahoma City, OK 73102
Attorneys for Plaintiffs
VD. TWBee
D. TYLER PERRYMAN
Document Filed Date
March 16, 2020
Case Filing Date
February 03, 2020
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IN THE DISTRICT COURT OF GRADY COUNTY STATE OF OKLAHOMA TARREL COOPER, ANDREA DAWN COOPER, and JUDY COOPER, Plaintiffs, FILED IN DISTRICT COURT Grady County, Oklahoma Case No. CJ-2020-38 VS. MAR 1 6 2020 Safe LISARIANN, , Court Clerk JOHNSON CONCRETE By Deputy CONSTRUCTION, INC., d/b/a, JCC DOZER, Defendants. DEFENDANTS’ ANSWER TO PLAINTIFFS’ PETITION INC., d/b/a, JCC COMES NOW Defendant JOHNSON CONCRETE CONSTRUCTION, fs’ Petition (“Petition”), alleges DOZER (referred to herein as “Defendant”) and in answer to Plaintif and states as follows, to-wit: GENERAL DENIAL Petition not specifically Defendant denies each and every allegation contained in Plaintiffs’ admitted herein. ANSWER TO PLAINTIFF’S SPECIFIC ALLEGATIONS of paragraph 1 Defendant lacks sufficient knowledge to admit or deny the allegations one of the Petition and therefore denies the same. 2 Defendant denies the allegations of paragraph two of the Petition. 3 Defendant denies the allegations of paragraph three of the Petition. tions of paragraph 4 Defendant lacks sufficient knowledge to admit or deny the allega four of the Petition and therefore denies the same. Petition. 5 Defendant denies the allegations of paragraph five of the ~~ 6 No response is necessary for the request for relief in the concluding paragraph of the Petition. To the extent that a response is necessary, Defendant denies the allegations of the request for relief in the concluding paragraph of the Petition. AFFIRMATIVE DEFENSES Lack of capacity to be sued; Estoppel; Laches; Waiver; Failure to state a claim upon which relief can be granted; Failure to join a necessary party; Improper party defendant; Insufficient service of process; Mistake; 10 Comparative fault of Plaintiff and Third Parties; 11 Failure to mitigate damages; 12 Lack of standing; 13 Easement; 14. Necessity; 15 Consent; 16. Abatement of Nuisance; 17 Alleged trespass was casual and involuntary; 18 Alleged trespass was not intentional or a result of gross negligence; 19 Alleged trespasser believed that timber or land belonged to him or his principal; - 20. Any other matter constituting an avoidance or affirmative defense; 21. As Discovery is just beginning in this matter the Defendant reserves the right to amend its answer and raise additional defenses as Discovery continues. WHEREFORE, the Defendant pray that judgment be entered against Plaintiff, that this cause further be dismissed, and that this Court award Defendant with costs and attorneys’ fees, and any relief to which Defendant is entitled under law or equity. Respectfully submitted, D. 8 Rae D. TYLERPERRYMAN, OBA #31185 PERRYMAN & PERRYMAN, LLP 118 North Fourth Street Chickasha, OK 73018 (405) 224-4000 tyler@perrymanlegal.com ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE above and foregoing Ihereby certify that on the date of filing a true and correct copy of the instrument was mailed or hand-delivered to: Patrick H. Lane Jordan M. LePage Ball, Morse, Lowe 531 Couch Drive, Suite 201 Oklahoma City, OK 73102 Attorneys for Plaintiffs VD. TWBee D. TYLER PERRYMAN